D. Neb. NECivR 7.1

All miscellaneous motions, applications, requests, and petitions are filed and

considered under this rule. Unless this rule states otherwise, a party who does not

follow this rule may be considered to have abandoned in whole or in part that

party's position on the pending motion.

(a) Supporting a Motion.

A moving party must state the basis for the motion and the specific relief

requested.

(1) Supporting Brief.

(A) Substantial Issue of Law.

A motion raising a substantial issue of law must be supported

by a brief filed and served together with the motion. The brief

must be separate from, and not attached to or incorporated in,

the motion or index of evidence. The brief must concisely state

the reasons for the motion and cite to supporting authority. A

party's failure to brief an issue raised in a motion may be

considered a waiver of that issue. The brief must not recite

facts unless supported as described in Nebraska Civil Rule

7.1(a)(2).

(B) No Substantial Issue of Law.

A brief is not required if (i) a motion raises no substantial issue

of law and (ii) relief is within the court's discretion. Examples

include motions to which all parties consent, to withdraw as

counsel to a party, for an extension of time, or for leave to

proceed in forma pauperis. If the court concludes that a

motion raises a substantial issue of law, however, it may treat

the failure to file a brief as an abandonment of the motion.

(2) Evidence and Evidence Index.

(A) Factual Support.

If a motion requires the court to consider any factual matters

not stated in the pleadings, when filing the supporting brief the

moving party must also file and serve supporting evidentiary

materials not previously filed.

(B) How to File.

Evidentiary materials in support of a brief or statement of

undisputed material facts must be filed separately with an

evidence index listing each item of evidence being filed and

identifying the motion to which it relates. Electronically filed

exhibits must include both a category (e.g., Exhibit A or Exhibit

1) and a description (e.g., Deposition of John Doe), identified

in the evidence index.

(C) Required Affidavit.

An affidavit must identify and authenticate any documents

offered as evidence. The affidavit must be made on personal

knowledge, set forth facts that would be admissible in

evidence, show affirmatively that the affiant is competent to

testify to the matters stated, and identify the related motion.

Evidentiary materials authenticated by the affidavit must be

filed separately in accordance with NECivR 7.1(2)(B), and

may not be filed in the same document as the affidavit.

The affidavit must identify the evidence being authenticated

using the relevant exhibit category provided in the evidence

index (e.g., Exhibit A or Exhibit 1). Affidavits may, but are not

required to, identify evidence using the description, so long as

the exhibit category is also present (e.g., Exhibit A (Deposition

of John Doe)).

(D) Citations to Evidence.

A factual assertion in the motion and the supporting brief must

cite to the pertinent page of the pleading, affidavit, deposition,

discovery material, or other evidence on which the moving

party relies.

For already-filed evidence, citations must indicate the correct

docket number and the docket page number (e.g., Filing no.

1-2 at 7). Citations should not include the "Page ID" number.

For contemporaneously filed evidence, citations must identify

the exhibit category from the index and the page number (e.g.,

Exhibit A at 7).

Citations may, but are not required to, include the description

of the evidence, so long as the exhibit category is also present

(e.g., Exhibit A (Deposition of John Doe) at 7; Filing no. 1-2

(Deposition of John Doe) at 7).

(b) Opposing a Motion.

(1) Opposing Brief.

(A) Form and Content.

The party opposing a motion must not file an "answer,"

"opposition," "objection," or "response," or any similarly titled

responsive filing. Rather, the party must file a brief that

concisely states the reasons for opposing the motion and cites

to supporting authority. The brief must not recite facts unless

supported as stated in Nebraska Civil Rule 7.1(b)(2).

(B) Time for Filing.

A brief opposing a motion to dismiss, for judgment on the

pleadings, for a more definite statement, or for summary

judgment must be filed and served within 21 days after the

motion and supporting brief are filed and served. A brief

opposing any other motion must be filed and served within 14

days after the motion and supporting brief are filed and

served.

(C) Effect of Failure to File.

Failure to file an opposing brief is not considered a confession

of a motion but precludes the opposing party from contesting

the moving party's statement of facts.

(2) Evidence and Evidence Index.

(A) Factual Support.

When filing the opposing brief, the opposing party must also

file and serve supporting evidentiary material not previously

filed. A factual assertion in the opposing brief must cite to the

pertinent page of the pleading, affidavit, deposition, discovery

material, or other evidence on which the opposing party relies.

(B) How to File.

Evidentiary materials may be attached to the brief, or the

statement respecting undisputed material facts in response to

a summary judgment motion, if the brief includes a listing of

each item of evidence being filed, and the evidence citations

within the brief provide hyperlinks to the evidence attached

and offered in support of the factual statements. In all other

cases, evidentiary materials may not be attached to the brief

but rather must be filed separately with an index listing each

item of evidence being filed and identifying the motion to

which it relates.

(C) Required Affidavit.

An affidavit must identify and authenticate any documents

offered as evidence. The affidavit must be made on personal

knowledge, set forth facts that would be admissible in

evidence, show affirmatively that the affiant is competent to

testify to the matters stated, and identify the related motion.

(c) Replying to Opposing Briefs and Evidence.

(1) Time for Filing.

A reply brief and index of evidence in support of a motion for

summary judgment may be filed within 14 days after the opposing

party files and serves the opposing brief. A reply brief in support of

any other motion must be filed and served within 7 days after the

opposing party files and serves the opposing brief.

(2) Contents of Reply Brief.

The reply brief may not merely repeat the moving party's initial

arguments, but rather must address factual or legal issues raised in

the opposing brief. Without leave of court, a reply brief may not raise

new grounds for relief or present matters that do not relate to the

opposing party's response.

(3) Leave of Court; When Required.

No party may file further briefs or evidence without the court's leave.

If the moving party does not file an initial brief, it may not file a reply

brief without the court's leave.

(d) Word Limits, Generative AI, and Certificate of Compliance.

(1) Word Limits.

(A) Supporting and Opposing Briefs.

Except with the court's prior permission, a party's supporting

brief or opposing brief may not exceed 13,000 words.

(B) Reply Briefs.

Except with the court's prior permission, a moving party's reply

brief may not exceed 6,500 words.

(C) Text Included.

All text—including the caption, headings, footnotes, and

quotations—counts toward these limits.

(D) Certificate of Compliance.

A brief shall include a certificate executed by the author

affirming that the brief complies with the requirements of this

subsection (d)(1). The certificate must state how many words

the brief contains. Certifying authors may rely on the word-count function of their word-processing software if they certify

that the function was applied to include all text, including the

caption, headings, footnotes, and quotations, and include the

name and version of the word-processing software used.

(E) Consequence of Noncompliance.

Any brief not in compliance with this subsection may be

stricken, with or without further notice, in the sole discretion of

the court. A material misrepresentation in the certificate of

compliance may result in striking the document and/or

sanctions against the person signing the document. The

opposing party shall not file a motion to strike based on

alleged noncompliance with this subsection.

(F) Motion to Exceed Limits.

A party who seeks to exceed these word limits must first

obtain the court's permission to do so by filing and serving a

motion of no more than 500 words that (1) indicates whether

the motion is unopposed or opposed after conferring with

opposing parties; (2) explains the reason for the requested

relief; and (3) states the proposed number of additional words.

The court will grant such a motion only upon a showing of

good cause. A party who opposes such a motion may, within

7 days, file and serve a response in opposition of no more

than 500 words. A motion under this section shall not serve to

extend the deadline for filing the brief, and any extension must

be separately sought and granted.

(2) Generative Artificial Intelligence.

All parties are responsible for the accuracy and reliability of their legal

briefing—including quotations, citations, paraphrased assertions,

and legal analysis—regardless of whether generative artificial

intelligence programs drafted any portion of that filing. See Fed. R.

Civ. P. 11(b). All parties are required, if using generative artificial

intelligence programs, to verify the contents of their filings. Any filing

not properly verified may be stricken and/or sanctions may be

imposed on the filing party.

(e) Request for Oral Argument or Evidentiary Hearing.

Any request for oral argument or for an evidentiary hearing by a moving

party must be included in the motion or else presented by a separate motion

filed no later than the deadline for filing a reply brief. Any request for oral

argument or for an evidentiary hearing by an opposing party must be

presented by a motion filed no later than the deadline for filing an opposing

brief. In general the court does not allow oral argument or evidentiary

hearings on motions. The party requesting oral argument or an evidentiary

hearing must state (1) why argument or a hearing is necessary and (2) an

estimate of the time required for the argument or hearing.

(f) Request to Present Oral Testimony.

A party failing to request the opportunity to present oral testimony consents

to the motion's submission without oral testimony. No oral testimony is

allowed without the court's prior leave.

(g) Submission of Motion.

Unless the court grants leave for oral argument, a motion is submitted on

the briefs and any evidence filed when the time limit specified in Nebraska

Civil Rule 7.1(c) expires.

(h) Procedures for Summary Judgment Motions.

See Nebraska Civil Rule 56.1.

(i) Extensions of Time for Filing or Responding to Motions.

See Nebraska Civil Rule 6.1.

(j) Discovery Motions.

To curtail undue delay in the administration of justice, this court only

considers a discovery motion in which the moving party, in the written

motion, shows that after personal consultation with opposing parties and

sincere attempts to resolve differences, the parties cannot reach an accord.

This showing must also state the date, time, and place of the

communications and the names of all participating persons. "Personal

consultation" means person-to-person conversation, either in person or on

the telephone. An exchange of letters, faxes, voice mail messages, or e-

mails is also personal consultation for purposes of this rule upon a showing

that person-to-person conversation was attempted by the moving party and

thwarted by the nonmoving party.

(k) Conference Telephone Calls.

The judge may conduct a motion hearing by telephone or video conference.